The Law of Mortgages in Ghana

The Law of Mortgages in Ghana discusses the Law relating to the use of immovable property as security for the repayment of a loan or the performance of some other obligations. It explores the historical contours of mortgages tracing its evolution from ancient Roman times through its development in English Law and how it was received in Ghana as a legacy of colonization as well as statutory interventions in Ghana. It discusses the various ways in which a mortgage may be created under Ghanaian Law as well as the essential characteristics of a mortgage and the incidents captured in the maxim “once a mortgage, always a mortgage”.

In this regard, it also discusses the nuances and legal ramifications of mortgaging marital property or property belonging to a spouse, particularly married women, as well as the considerations of independent legal advice leading to the conclusion of a mortgage transaction.

This book also addresses the remedies available to a mortgage in the event of default. The remedies discussed include suing the mortgagor on his personal covenant to perform; sale of the mortgaged property (judicially and statutorily); exercise of the right of possession; and the appointment of a Receiver. These discussions are done in the context of the various relevant statutes such as the Mortgages Act, 1972 (NRCD 96), the Home Mortgage Finance Act, 2008(Act 770) and the Borrowers and Lenders Act, 2008 (Act778). It also discusses the vexed question of priority of mortgages which determines the sequence in which competing claims over a mortgaged property or sale proceeds of a mortgaged property are settled, particularly in the event that the proceeds of sale are not enough to pay all mortgages. Furthermore, it discusses technical concepts relating to priority of mortgages such as tacking, consolidation, marshaling, exoneration and contribution.

The book also treats the subject of transfer of mortgages by both the transferor and transferee; redemption of mortgages; and pledges. The last chapter of the book is the practitioner’s chapter which focuses on the intricacies of a mortgage action.

Weight 0.500 kg
Author

Godwin Djokoto

Publisher

Frontiers Printing and Publishing

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